Hindu marriage act section 11 and domestic violence

Originally posted by : Rajendra
	Dear Sir, My first wife dead in road accident April 2018. I have one 17 years son. I did second marriage August 2019. Second wife is demanding flat and office which is my own name.  I refuse him it. Then she start harassment  me and son. Her color she shown within 2 month after marriage. I found documents in his bag then i took search. She is married with other  person  when we got marriage. She divorce got in January 2020. I suit file under section 11 Void Marriage.       So she also file suit under DV section 12, 18,19,20,22 on me and my son.

1. You may prefer "quashing proceedings" in the High Court against Wife's DV Act Application, more so since she has not approached the Court with clean hands (malicious motives).

2.  You SHOULD  file a Police FIR, requesting investigation and charge-sheet, for various offences like  Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the nefarious Wife, supported with all relevant supporting Documents, Evidences & Witnesses.

3.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Originally posted by : Rajendra
	Dear Sir, My first wife dead in road accident April 2018. I have one 17 years son. I did second marriage August 2019. Second wife is demanding flat and office which is my own name.  I refuse him it. Then she start harassment  me and son. Her color she shown within 2 month after marriage. I found documents in his bag then i took search. She is married with other  person  when we got marriage. She divorce got in January 2020. I suit file under section 11 Void Marriage.       So she also file suit under DV section 12, 18,19,20,22 on me and my son. Please suggest me.

She has no right in the flat or office, however, she is pressurizing you to succumb to her illegal demand through litigation u/s 12 of the PWDV Act, 2007. Move to High Court for quashing the proceeding through your lawyer, if he / she (lawyer) agree to my suggestion/ advise.

Respected Sir, Thank you so much...

She is make party my son 17 years in DV. Can minor person come under DV.?  How to remove his name from DV.?

Your second marriage is void ab initio . She can't claim anything. She has no right for these claims. If marriage didnt subsist any time. So no claim of DV will be entertained. 

Originally posted by : Rajendra
	Respected Sir, Thank you so much... She is make party my son 17 years in DV. Can minor person come under DV.?  How to remove his name from DV.?

WHY beat around the bush .... You have been guided to the best legal option available to you.  

Apprehensively you do not wish to do anything .....

Respected All Advocate, 

                                    In this matter court rejected her interim. She is appeal in session court. What do next?